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Fair Use Must Be Considered In DMCA Notices
I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."
Hmm... I thought that the takedown notices sent to printers was ridiculous because it showed that the method the RIAA used to determine who was pirating music was b0rken.
Apparently, the printers really were downloading music, but they had a fair use! I totally misread that story before. I, for one, will not stand for fair use rights being taken away from our electronic friends!
Clovis
^ Clovis, look! It's that guy you are!
Interesting side note, 'high' is a synonym for 'stoned,' while 'end' is a synonym for 'asshole.' And 'thinker' just means 'someone who doesn't do shit, but talks a lot.' I definitely think Slashdot is a community of high end thinkers.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
Ever eat a nice steak? mmm tasty. Ever try eating the turds the next morning? Not quite as good, is it?
I'm 100% willing to take your word for it.